64955
Proposed Rules
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0202; Directorate
Identifier 2007–NM–185–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–600, 737–700, 737–700C,
737–800, and 737–900 Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Boeing Model 737–600, 737–
700, 737–700C, 737–800, and 737–900
series airplanes. This proposed AD
would require an inspection of the
vertical fin lugs, skin, and skin edges for
discrepancies, an inspection of the flight
control cables, fittings, and pulleys in
section 48 for signs of corrosion, an
inspection of the horizontal stabilizer
jackscrew, ball nut, and gimbal pins for
signs of corrosion, and corrective
actions if necessary. This proposed AD
results from reports indicating that
moisture was found within the section
48 cavity. We are proposing this AD to
ensure that the correct amount of
sealant was applied around the vertical
fin lugs, skin and the skin edges.
Missing sealant could result in icing of
the elevator cables, which could cause
a system jam and corrosion of structural
and flight control parts, resulting in
reduced controllability of the airplane.
DATES: We must receive comments on
this proposed AD by January 3, 2008.
ADDRESSES: You may send comments by
any of the following methods:
ebenthall on PRODPC61 with PROPOSALS
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
VerDate Aug<31>2005 15:42 Nov 16, 2007 Jkt 214001
Federal Register
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
Examining the AD Docket
You may examine the AD docket on
the Internet at http://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6447; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2007–0202; Directorate Identifier
2007–NM–185–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to http://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
PO 00000 Frm 00001 Fmt 4702 Sfmt 4702
Vol. 72, No. 222
Monday, November 19, 2007
Discussion
We have received reports indicating
that moisture was found within the
section 48 cavity on Boeing Model 737–
600, 737–700, 737–700C, 737–800, and
737–900 series airplanes. A root-cause
investigation determined that, due to a
manufacturing process error, airplanes
were delivered with an incorrect
amount of sealant around the station
(STA) 1088 vertical fin lugs common to
the section 48 skin. This condition, if
not corrected, could result in icing of
the elevator cables, which could cause
a system jam and corrosion of structural
and flight control parts, resulting in
reduced controllability of the airplane.
Relevant Service Information
We have reviewed Boeing Service
Bulletin 737–53A1242, Revision 2,
dated April 23, 2007. The service
bulletin describes the following
procedures:
• Inspecting the vertical fin lugs,
skin, and skin edges for discrepancies
(i.e. water ingress, corrosion damage,
and missing, insufficient, or cracked
sealant).
• Performing a detailed inspection of
the flight control cables, fittings, and
pulleys in section 48 for signs of
corrosion.
• Performing a detailed inspection of
the horizontal stabilizer jackscrew, ball
nut, and gimbal pins for signs of
corrosion.
• Performing applicable corrective
actions. The corrective actions include
repairing cracks, filling the space
between the vertical fin lugs and skin,
lubricating the horizontal stabilizer trim
actuator and actuator gimbal pins,
replacing any cracked sealant with a
new sealant, and contacting Boeing for
corrosion repair conditions, as
applicable.
Accomplishing the actions specified
in the service information is intended to
adequately address the unsafe
condition.
FAA’s Determination and Requirements
of the Proposed AD
We have evaluated all pertinent
information and identified an unsafe
condition that is likely to exist or
develop on other airplanes of this same
type design. For this reason, we are
proposing this AD, which would require
accomplishing the actions specified in
the service information described
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 64956 Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Proposed Rules
previously, except as discussed under
‘‘Difference Between the Proposed AD
and Service Bulletin.’’
Difference Between the Proposed AD
and Service Bulletin
In this proposed AD, the ‘‘inspection’’
and ‘‘visual inspection’’ specified in the
Boeing service bulletin is referred to as
a ‘‘detailed inspection.’’ We have
included the definition for a detailed
inspection in a note in the proposed AD.
The service bulletin specifies to
contact the manufacturer for
instructions on how to repair certain
conditions, but this proposed AD would
require repairing those conditions in
one of the following ways:
• Using a method that we approve; or
• Using data that meet the
certification basis of the airplane, and
that have been approved by an
Authorized Representative for the
Boeing Commercial Airplanes
Delegation Option Authorization
Organization whom we have authorized
to make those findings.
Costs of Compliance
There are about 829 airplanes of the
affected design in the worldwide fleet.
This proposed AD would affect about
372 airplanes of U.S. registry. The
proposed actions would take about 1
work hour per airplane, at an average
labor rate of $80 per work hour. Based
on these figures, the estimated cost of
the proposed AD for U.S. operators is
$29,760, or $80 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
ebenthall on PRODPC61 with PROPOSALS
action.
Regulatory Findings
We have determined that this
proposed AD would not have federalism
implications under Executive Order
VerDate Aug<31>2005 15:42 Nov 16, 2007 Jkt 214001
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket. See the ADDRESSES section
for a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13 [Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Boeing: Docket No. FAA–2007–0202;
Directorate Identifier 2007–NM–185–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by January 3, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to certain Boeing
Model 737–600, 737–700, 737–700C, 737–
800, and 737–900 series airplanes,
certificated in any category; as identified in
Boeing Service Bulletin 737–53A1242,
Revision 2, dated April 23, 2007.
Unsafe Condition
(d) This AD results from reports indicating
that moisture was found within the section
48 cavity. We are issuing this AD to ensure
that the correct amount of sealant was
PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\19NOP1.SGM
applied around the vertical fin lugs, skin and
the skin edges. Missing sealant could result
in icing of the elevator cables, which could
cause a system jam and corrosion of
structural and flight control parts, resulting
in reduced controllability of the airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Inspections
(f) Within 2,500 flight cycles or 18 months
after the effective date of this AD, whichever
occurs first, do the detailed inspections
specified in paragraphs (f)(1), (f)(2) and (f)(3)
of this AD in accordance with the
Accomplishment Instructions of the Boeing
Service Bulletin 737–53A1242, Revision 2,
dated April 23, 2007.
(1) Do a detailed inspection of the vertical
fin lugs, skin, and skin edges for
discrepancies (i.e. water ingress, corrosion
damage, and missing, insufficient, or cracked
sealant).
(2) Do a detailed inspection of the flight
control cables, fittings, and pulleys in section
48 for signs of corrosion.
(3) Do a detailed inspection of the
horizontal stabilizer jackscrew, ball nut, and
gimbal pins for signs of corrosion.
Note 1: For the purposes of this AD, a
detailed inspection is: ‘‘An intensive visual
examination of a specific structural area,
system, installation, or assembly to detect
damage, failure, or irregularity. Available
lighting is normally supplemented with a
direct source of good lighting at intensity
deemed appropriate by the inspector (i.e., the
person performing the inspection).
Inspection aids such as mirror, magnifying
lenses, etc., may be used. Surface cleaning
and elaborate access procedures may be
required.’’
Corrective Actions
(g) If any discrepancy or corrosion is found
during any inspection required by paragraph
(f) of this AD, before further flight, do the
applicable corrective actions in accordance
with the Accomplishment Instructions of
Boeing Service Bulletin 737–53A1242,
Revision 2, dated April 23, 2007; except
where the service bulletin specifies to contact
Boeing, repair using a method approved in
accordance with the procedures specified in
paragraph (i) of this AD.
Credit for Actions Done Using the Previous
Service Information
(h) Actions accomplished before the
effective date of this AD in accordance with
Boeing Service Bulletin 737–53A1242, dated
October 17, 2002; and Revision 1, dated April
28, 2005; are considered acceptable for
compliance with the corresponding actions
specified in paragraphs (f) and (g) of this AD.
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
19NOP1
 Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Proposed Rules
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, if it is approved by an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to
be approved, the repair must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
Issued in Renton, Washington, on
November 7, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–22548 Filed 11–16–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0201; Directorate
Identifier 2007–NM–163–AD]
RIN 2120–AA64
Airworthiness Directives; McDonnell
Douglas Model DC–10–10 and DC–10–
10F Airplanes, Model DC–10–15
Airplanes, Model DC–10–30 and DC–
10–30F (KC–10A and KDC–10)
Airplanes, Model DC–10–40 and DC–
10–40F Airplanes, Model MD–10–10F
and MD–10–30F Airplanes, and Model
MD–11 and MD–11F Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for all
McDonnell Douglas airplane models
identified above. This proposed AD
would require revising the FAA-
approved maintenance program, or the
Airworthiness Limitations (AWLs)
section of the Instructions for Continued
Airworthiness, as applicable, to
incorporate new AWLs for fuel tank
ebenthall on PRODPC61 with PROPOSALS
systems to satisfy Special Federal
Aviation Regulation No. 88
requirements. For certain airplanes, this
proposed AD would also require the
initial accomplishment of a certain
repetitive AWL inspection to phase in
VerDate Aug<31>2005 15:42 Nov 16, 2007 Jkt 214001
that inspection, and repair if necessary.
This proposed AD results from a design
review of the fuel tank systems. We are
proposing this AD to prevent the
potential for ignition sources inside fuel
tanks caused by latent failures,
alterations, repairs, or maintenance
actions, which, in combination with
flammable fuel vapors, could result in a
fuel tank explosion and consequent loss
of the airplane.
DATES: We must receive comments on
this proposed AD by January 3, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Boeing Commercial
Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach,
California 90846, Attention: Data and
Service Management, Dept. C1–L5A
(D800–0024).
Examining the AD Docket
You may examine the AD docket on
the Internet at http://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Philip C. Kush, Aerospace Engineer,
Propulsion Branch, ANM–140L, FAA,
Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard,
Lakewood, California 90712–4137;
telephone (562) 627–5263; fax (562)
627–5210.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\19NOP1.SGM
64957
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2007–0201; Directorate Identifier
2007–NM–163–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to http://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
The FAA has examined the
underlying safety issues involved in fuel
tank explosions on several large
transport airplanes, including the
adequacy of existing regulations, the
service history of airplanes subject to
those regulations, and existing
maintenance practices for fuel tank
systems. As a result of those findings,
we issued a regulation titled ‘‘Transport
Airplane Fuel Tank System Design
Review, Flammability Reduction and
Maintenance and Inspection
Requirements’’ (66 FR 23086, May 7,
2001). In addition to new airworthiness
standards for transport airplanes and
new maintenance requirements, this
rule included Special Federal Aviation
Regulation No. 88 (‘‘SFAR 88,’’
Amendment 21–78, and subsequent
Amendments 21–82 and 21–83).
Among other actions, SFAR 88
requires certain type design (i.e., type
certificate (TC) and supplemental type
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent
ignition sources in the fuel tanks. This
requirement applies to type design
holders for large turbine-powered
transport airplanes and for subsequent
modifications to those airplanes. It
requires them to perform design reviews
and to develop design changes and
maintenance procedures if their designs
do not meet the new fuel tank safety
standards. As explained in the preamble
to the rule, we intended to adopt
airworthiness directives to mandate any
changes found necessary to address
unsafe conditions identified as a result
of these reviews.
In evaluating these design reviews, we
have established four criteria intended
to define the unsafe conditions
associated with fuel tank systems that
require corrective actions. The
percentage of operating time during
which fuel tanks are exposed to
19NOP1